The Sun. — London, England, 1838-12-19 00:00:00

Mr. Tea - smelt—My Lord, that is the case for the pro secution. The ATTORNEY-GENERAL—So then, Gentlemen of the Jury, my Learned Friend has closed his case without present ing Sir John Conroy before you. Is he ill in bed ? Is he in a distant ccuntry ? Is he by any cause prevented from ap pearing before you to justify and explain his conduct? Sir John Conroy is certainly not in Court, we are told; but he is in some adjoining room, within call of my Learned Friend. And after the taunt which I on purpose threw out in ero•s examination, when there was ample time for ii.v Learned Fiend to have sent for Si: J.::in Conroy, if he hail any taste fur. appearin g i u t h e w i tness b ox, my Learned Friend closes t! is mese w i t h out producing the prosecutor before you. Gen lernen, it is most pa i n f u l to me to make any observations upon The conduct of a person holding the situation of Sir John Con roy, but I cannot shrink from my duty. From the station I have the honour to hold, I am now at the head of the English Bar, which has ever been distinguished for indepen dence and for honour. I hope that in my person its reputa tion will not be tarnished. Tarni.bed it would indeed be, Gentlemen, if in a case of this sort, the advocate entrusted with the defence of the accused party, were to shrink from the discharge of his duty, because it might be thought he might make observations that would be painful to the prosecutor or the p r osecutors' friends. I shall take care, Gentlemen, according to the best of my judgment to confine myself within the line of my , d uty, but 'will not be deterred from the faithful and zealous dis charge of that duty by any consequences that may be appre pehrensdseingdto myself. G en tl emen , 1 ha ve no h es it at i on i n ex . my surprise, my extreme disapprobation at the con duct of Sir John Conroy, in regard to this prosecution. My Learned Friend • says he seeks to vindicate his character from th e aspersions that have been cast upon it. If that were his objet would not his first step be to instruct his Coun se l t o ca ll '° l4 l as a witness ; to let him be examined—aye, and cross ftarained ;--to explain all that is said in this publication, of which he coenplains, and to show to the world, if the re b e an y thin g in t h e publication which is ctearered against him a s criaii 2W, wheth er t h at ' charge i s unfounded. But what does my Learned Friend do ? He seeks to prejudice this case by an o pinion of the C ourt o f Q ueen ' s B enc h ; he quoted what fell from my Lord Chief Justice undr totally different -circumstances, with a totally different e view. I will quote w e hat I ha ve h ear d my L or d say, and other Learned 'flakes say, and every Learned Judge say, when such -a topic has been used—that when the Court of Queen's Bench grants a criminal information, it pronnunces no opi nion with respect to the guilt of the party accused. It Merely sa y s , t h at i t i s a fit case for investigation— to be submitted to the judgment of a Jury. I have heard my Lord say, and if it be material, I think his Lord s hip w ill new re peat when the proper time arrives, that it is for you, and You alone, to determine on the guilt or the innocence of the defendant. And I say, that the practice of granting criminal informations, which I h ave a l wa y s su pp orte d, an d w hi c h , upon 'the whole, think most beneficial, would be most detrimental and most mischievous if, when a criminal information is grant e d, the party accused were to come before a Jury already convicted. My Learned Friend says, " Will you say this is not a libel, which has 'men pronounced to be so by the Court of Queen's Bench ?" I say that it is an unfair, im proper, and unjustifiable suggestion. The Court of Queen's Bench have given no judgment upon the subject, but merely, on the affidavit of Sir John Conroy, have said that .his was a fit case to be submitted to a Jury. But, Gentle T nen, did the Court of Queen's Bench expect that this was the jmode i n w hi ch the investigation was to take place ? My t searned Friend said---(there is no advocate more discreet, but Le gally think h e s h owe d a li tt l e i mpru d ence here)--eny lon nod Friend, Mr. Thesiger, said " Sir John C onro y chal ,, ges Inquiry : he p resen t s hi mse lf, f ace to f ace, b e f ore h i s -e "sers." Gentlemen, where is Sir John Conroy ? Does he present hi mse lf f ace to face b efore his accusers?" No. He ssuanks from that challenge. He does not venture to come bay Court. Gentlemen, I should have liked extremely to e seen him " face to face"--it would have given me great satisfaction to have seen whether, on examination and cross e_lantination, he could have given such explanations as were leatifirely satisfactcry, and I would not for one moment have with- I: my tribute of a ppl ause on t h e con d uc t h e th us p ursue d. B ut tead of that be comes to the neighbourhood of the Court, th does not venture to present himself as a witness before stnjury. Is this the practice that has been usually pursued a there hes been an application for a criminal informate . on, il l :" the object has been the vindication of character? No : ! prosecutor who seeks to vindicate his character, comes ,rtore the Jury, explains the whole transaction, and subjects Zrnself to examination and cross-examination by the party ~c , eused. I will point out to my Learned Friend two cases in h.u'sb a very different course has been pursued. I will remind jut of the case of the K i ng v. Shackle, i n 1827, w h ere a 4!ip ti e mau named Hartshorn, a student in the University , 41) C ambrid ge , h a d a f ou l i mputat i on cast on hi s c h aracter w hil e 4(1 . He applied for a criminal information,which was granted. e nd did Mr. Hartshorn conic, to the neighbourhood of the fri ° , 4 „ r e t . remain out of Court, and instruct his Counsel and his "'as to say that he was the party intended in the libel ? No. P r esented himself in the witness-box ; he entered into a Ili a nd complete explanation of the charge brought against D" he called other witnesses, among them a Reverend netor, who knew the nature of that charge, and knew that w ss unfou n ded. I think his Lordship (then Sir Th omas b ellin an) was the Counsel for the defendant, and I recollect e - ,,rPressing his sati s f ac ti on at the line of conduct pursued Hartshorn, and his belief that that gentleman's cha tio• c . ter Was entirely vindicated. Gentlemen, I will hiamen another instance, still more striking. His Royal tiv e ghn esa the Duke f Cumberland, now heir.presump ega. to the Crown, had a most foul and false charge brought de r lnst hini—no less a charge than that he was guilty of mur -614. and other crimes of which he was equally innocent. He -,,a,e t d o i, by my Learned Friend Sir Charles Wetherell, to he Queen's Bench for a criminal information, which f 43 granted on the affidavit of his Royal Highness the Duke ea Cumberland and others. It came on to be tried in 1833,. 4, 41 his Lordship now on the Bench had become Lord Chief W4 c e of this Conn (and 1 believe before his Lordship). Ar• la l ,%'s the c ourse t h en pursue d ? Did the Duke of c thatlt tn- 117 i nstruct his couns e l t o ca ll witnesses to prove tuna s C------" meant the Duke of Cumberland, and satisfy lish e ; lf ; by Putting in an affidavit to show who was the pub- Sti s h No, G ent l emen, t h e D u k e o f C um b er land te, il y to vindi cate hi s c h aracter , an d h e did s o effec he 1 ; He took the proper measures for that purpose. acti eall ed Sir W. Waller, who was privy to the whole trans -44°,4 r especting Sellis. He called the foreman of the Jury /aelf",," B at upon the body of Sellis. His Royal Highness him stiittevareseated himself in the witness-box. He was fully exa qtt,-; he entered into a minute and circumstantial account a, whole affair, and proved, to the entire satisfaction of all fontmild, that the charge against Sim was unfounded as it was th o b The D u k e of Cumberland, now King of Hanover, then di ed , r °thrr to t h e reigning Monarch of this country, did not esh i n, in vindication of his character, to pursue the line ttl o , a I have described ; and he was rewarded by the unani leh;s verdict of the British nation in his favour, acquitting hi e , ° I the groundless charge which had been brought against ke p lwould it not become Sir John Conroy to imitate the , exs t v,ee t „ e • But no—he shrinks from the challenge—he doe..no ,tiad ; r e to come into Court. I should have thought that if he i net t wished to vindicate his character it would have been d ▪ t ° have brought a civil action, in which if there had h o "nY charge against him, through this publication, which d Stam ps to show you he has entirely misconstrued, the accusc h 414 would have had an opportunity of justifying, and d t e J u . o r falsehood of the charge would have been submitted to NIP But no; there is no civil action brought whic IS o l d u such an opportunity to the defendant. There eli t e a pplication to the Court of Queen's Bench for a 5e3.41 information, en th e a ffid av it o f Sir John Conroy. tnei t - „ Q iy Lear ne d F r i en d M r. Th ese i ger, t hi s a ff or d s an oppor lose: t o the defendant of showing the truth of his charge. In the h ca ses that may well be so, when the facts are withinut *h eti nal knowledge of the author of the publication. B %eh the facts are stated on the information of others, no t hat e ll ) Portunity is g i ven . Gentlemen, you may be aware all tk i:uell a civil ac ti on i s t r i e d, or on a criminal prosecution, Stith gnesses are compellable to attend on a subpoena ; but ties re gard to th e s h ow i ng cause against a criminal nforms fete' ther e i is no such obligation, and any person may re t° make an affidavit to facts within his knowledge. of -refore, when the facts are within the knowledge erj, " Miter, I say the making this application for of sls,,junal information, gives by no means the opportunity .. seti eh in g the truth or falsehood of a charge, as bringing a civil to i t " , where, on the issue joined, all perties are compellable ho: - ,,Ind• The circumstances to which my Learned Friend 4 eti l ;,` e rred on this libel are such as, even if within the know lit d Particular individuals, they would feel loathe to come v oluntaril• to make an affidavit respecting them. But ittt ori e ," l l action On a subpoena, all persons are compellable to t he and disclose facts within their knowledge respecting 4 11 4-es tiela in But now we are to be shut out from hquir issue. Y' My Learned Friend says, with an air . of tri tt.4l " now you can show whether the informs ;;:s'y - Is out a publication containing no defama i'lln4tir,eurgen to ." My Learned Friend triumphs in the svhich.he bas reduced us. I must regret exceed atlth the law is as my Learned Friend has laid it down. :si e h stn bound to respect the law, and to observe the rules fib e r prescrib es . A n d the law of England with regard ae justeas, that when the case comes to a Jury, the truth theftkieroffiCn. The law says th . at . a -true rovokes to a eace, just as much if It be , as if it be sttie 4 ad that therefore truth is no nestification or pal hb . its j the The law says, that instead of publishing such a 4 _ o Party ought to prosecute. So that it has passed .. si n LP erb, The greater the truth the greater the libel." I .knd wivanshly of opinion, Gentlemen, with Lord Brougham, Pa s ll l t he present Lord Chancellor, who both in their places ih t lte of t a i Zent, have . expressed the opinion that the present t th ou law is defective and deplorable on this subject, and gn the truth ought not necessarily to be a justification ti ll u oa ▪ r e ilt. issil e i te : ti f itti t h his . kind, yet the truth of the charge ought to be t . th e evidence. It would be dangerous indeed, to say , ought in every case to be a complete justifica itlij! .WeTinei.truth-may in some cases be an aggravation— . as in 4 by,titi rriat 'flown instance of a young woman having an • Tne, r , e . child, and afterwaras becoming a respect .arnan,--:thF mother of a family,—and a person the tho eo ut"es publishing to the world her early misfortune.__ 1,4.1 k he i t i tsn the truth may not in all cases be a justifica excluded. said 8 l'ot creditable to the law that the truth is excluded. finetr'oarued Counsel for the rosecution, Mr. Thesiger, )-111 P h anil that he . only . question . for the Jury to deter. wheth e Y t ie atore. r . tee publication contains a charge . that is de it" ev er ; r _ And if we were prepared with witnesses to prove e woei d t 7 the truth of each allegation in the libel, stilt "" t u ° the duty of the Learned Judge to reect evidence, ' a Zthat he can only, when the case comes before def end .rt whether the publicatient is biougot hunie tu th e 1 _ ant, and whether that publication brings the charge. la W in this respect were altered, it would in my judg. ment be better in every respect, and we should have less reason to complain of the licentiousness of the Press. However, Gentlemen, what we have now to consider is, whether ths publicstion in question bears the interpretation put upon it by this information. I think I shall be able to show you that there is no ground for putting such an interpretation on tht publication. The information consists of three counts, ie every one of which the gravamen is the same, the inuendo i. all three being, that the object of the publication was !ci insinuate that Sir John Conroy had defrauded tin Duchess of Kent, and purchased his estate in Wales with the money which he so acquired. Now it is mile extraordinary that this is the only part of the publicatics complaired of. There is no complaint of the passages refer ring to the application for the Knighthood of the Bath—f o the pension, for the Peerage, for the embassage to Sweden. If Sir John Conroy had presented himself in the witness-box I might have asked him questions on some of these topics_ particularly as to one of the charges brought against him, th e he was guilty of disr es p ect f u l con d uct towards his late Ma jesty, William IV. Could there be a more serious charge the!. that of personal disrespect to a Sovereign so affable, so concla scending, so kind to all who approached him ? Yet, Gentlemen, on this subject the information is silent, as it is on all the othei charges, and it confines itself to the alleged charge of fraud and peculation. My Learned Friend, Mr. Thesiger, charged the publication with being disrespectful towards her Royal Highness. I should deeply have deplored if there had isaued from the press of England language disrespectful to that illus trious lady, to whom the nation is under such a debt of oblige Lion, and whose conduct has been uniformly admired and reverenced. But there is not a Syllable in this publication which can bear such a construction. The publication states, that while the afairs of her Royal Highness were uncle; the management of Sir John Conroy they fell into s state of great embarrassment, but through no fault of his— no fraud is imputed to Sir John Conroy. Those embarrass merits might arise from the deficiency of the allowance whirl was granted to her Royal Highness. The fact of those em barrassments is not denied, and in the statement of those em. barrassments it is not insinuated by this publication that Sig John was guilty in any degree of fraud or dishonesty. Gen tlemen, to show that I do not shrink from encountering every line in this publication, I will read the whole that is complained of. After alluding to Sir John's alleged conduct with regard' to the late Monarch, the publication goes on to speak of tin "happy state in which the pecuniary concerns oft he Illus. tr.ous Lady whom he served were involved under his ma. nagement. The amount of this latter obligation of tilt nation to him it is perhaps hardly possible to compute. It may be thought to be in hard cash somewhere about 80,0001. and a large annuity of 30,0001. was granted with the understanding that the liquidation of the 80,000/. should gra dually and silently take place." All that I have here read merely states that by some mismanagement there had been a deficiency of about 80,000/. It is not said that those embarrassments arose -from Sir John Conroy hav ing robbed her Royal Highness. The publication goes on— " But a matter which has come to our knowledge throws some doubt upon its success (referring to some previous arrange. ment stated). We learn that the Baronet of whom we are speaking, having been so happy in conciliating tire re spect of the late King William, is desirous of exercising : , the same amiable modesty towards the King of Swe den, and to be sent out to that country in the character of ambassador. We have been told that the Premier was dis posed to acquiesce, not sorry perhaps to get rid of him, but that the highest Personage did not approve of such a person as the representative of the Crown of England." Now, my Learned Friend has not said that this is either untrue or in correct, and surely no blame can be imputed to a public Jour nal for expressing an opinion as to whether any particular person is a fit representative of the Crown of England.' Should lie quit his present situation, where are talents to be found capable of applying the due portion of the 30,0001. a-year to the liquidation of the 80,000/. ? w h o can so we ll un d erstan d wiping off as he who chalked on ?" Gentlemen there is noim putatien of dishonesty against Sir John Conroy in this, and I now Ca= to the last sentence, and it is for you to say whether the effect of that last sentence is this, that Sir John Conroy purchased estates in Wales, with money of which he had defrauded her Royal Highness, the Duchess of Kent. Gentlemen, there is no kind of connection between that last sentence and the one which precedes it—it is alto gether a new paragraph. The commencement shows that it is. It begins " There is another matter also worthy of notice. There is a certain estate in Wales purchased and paid for not long ago, and if any public inquiry should take place whence the money for the paye!ent came, who so com petent to answer the question as the Baronet ?" Gentlemen, does that pa , sage charge Sir John Conroy! with having paid for his estates in Wales out of money of which he had defrauded the Duchess of Kent ?--No such thing ; and I assure you it is with the utmost sincerity I declare, that I do not mean to make any insinuation respecting Sir John Conroy's purchase of these estates. I hope, and Ido not hint anything to the contrary, that they were purchased in a fair, honourable, and proper manner ; but at the same time, when a gentleman holding the responsible and delicate situation of Private Secretary to the Duchess of Kent, and of Equerry to her Royal Highness, purchases large estates, without any ostensible means of paying for them, might it not be matter of investigation and explanation, whence the money came with which those estates were purchased ? It might be a matter of public inquiry, and if it were, who so competent to answer the question as the baronet? He was competent to answer the question. He might have done so to-day. He might have presented himself as a witness in the box before you, and he might have said " I purchased these estates in Wales for a very large sum of money—l have had that money by way of pan in:oily—l had that money as a por tion with my wife—l engaged in some fortunate speculation, and obtained the money—l was in some lucrative situation, and I fairly amassed it—l bought a ticket in a lottery, and it came up a 30,000/. prize." He could have answered these questions. He has not done so. My Learned Friend does not pretend to say that he has ever done so. My Learned Friend does riot pretend to say that he did so in the affidavit which he made in the Court of Queen's Bench. Now whether you approve or disapprove of these questions being put to him, whence that money was derived—your verdict will net depend upon your approving or disapproving of these questions ; but it will greatly depend upon this--Does this article contain a clear, and distinct, and intelligible, and ne cessary accusation, that the money was obtained from that source which is here pointed out, viz., the money of the Duchess of Kent. I say that it contains no such charge. It merely he was, l i ysya'sthis—that Sir John C onroy , i n t h e situation, in was not supposed to be likely to purchase these estates, but he does purchase large estates ; and if it should ever become a question of public inquiry whence the money was derived—who so competent to answer the question as the Baronet ? He was competent to answer that question. He has not answered it. The very circumstance of the money not coming from the Duchess of Kent, may very readily be allowed—l say that it does not come from the Duchess of Kent—there is no such charge contained in this publication. lam really to allow with my Learned Friend that such a charge would be unfounded. That very circum stance adds to the probability of the construction that I seek to put upon the publication—for if, in fact, it was hot derived front her Royal Highness the Duchess of Kent, does not that add to the probability that it was derived from some other source which Sir John Conroy does not venture to explain? Well, then, Gentlemen, if it does not come from her Royal Highness, which I very readily allow, it must come from some other source. That source is unexplained. The circum stance of its coming from some other source, which I acknow ledge, which I assert, which I rely upon, shows that it was not intended as any charge that it came from the Duchess of Kent, but some other source, the nature of which requires explanation. Now, Gentlemen, if the last paragraph takes up a new topic—if it is not necessarily connected with what goes before, then there is no pretence for saying that the inuendo is proved which is found in each and every one of the charges in the informations; and whether the information be such as you would altogether approve of or not, will not be the question to which you will have to address your under standing, but the qnestion will be, whether it contains the charge that is imputed to it, and whether that charge is a libel. I say, instead of containing such charge, it contains no such charge—that there is no such accusation of Sir John Conroy having in any instance defrauded the Duchess of Kent, and much less is there any charge of his having paid for his Welch estates from the money so improperly obtained. There is a charge that he had bought these large estates—there is a question put as to the source from which the money had been derived—there is a challenge thrown out to him to give an explanation upon that subject. He, however, shrunk from giving that explanation. Why then, gentlemen, if you were absolutely determined upon the pro priety or impropriety of such a paragraph as this, I think that you would hesitate for a time before you proceeded to condemn it ; because it is a matter of public importance how a public servant, such as Sir John Conroy was, had conducted himself, and whence the emoluments were derived that enabled him to make purchases of large estates. And, gentlemen, let me re mind you that this is not an affair of private life. Sir John Conroy is not an obscure individual, whose privacy is wantonly invaded. He is a public character, and as such he is liable to public censure. You will bear in mind that he held the situation of Equerry to her Royal Highness the Duchess of Kent, the mother of the then heir to the throne, the mother of our present illustrious Sovereign, asituation of great importance, of great delicacy ; and it was a matter of deep public interest to mark what would take place upon the accession of a new Sovereign, and the station thatfrould be assigned to Sir John Conroy. Gentlemen, for these reasons I trust that you will be clearly of opinion that my client is entitled to your verdict. I regret that anything should take place that should be at all hurtful to the feelings of Sir John Conroy or any individual ; but you will bear in mind that it is of the last importance that the Liberty of the Press should be preserved ; you will hear in mind the infinite benefits that we derive from that liberty, and you will be a little indulgent to the errors which may be committed in the conducting tat of h sucha e J s o , u w rn h a i l ch as is the i Times : you will bear in mind that Morning Paper, publislieswhat you in ordinary there intelligencervyprintwouldamount to a large octavo volume—chat of from every quarter of the globe—that you ha r v o einformation everything that takes place in this country, from the House of Lords down to the lowest tribunal which is known to the laws —that every occurrence is mentioned for public information— that all topics are discussed, and with an ability that is credit able to the country in which that Journal is published. If there should be some occasional failures, I think they ought to be looked upon with a favourable eye. I believe lam jus tified in saying that this is the first time for 40 years that there has been any criminal proceeding against that Journal brought before a Jury. You will hesitate long, I think, before you will come to a verdict of guilty. What will be the, conse -lu.-.l,ceof,'uch a v.rdiet to 1,,y cl:cni s Mr. L..lvsori, the respec table publisher of that Journal ? Ile would be subjected to a fine; but, much worse than that, he would be liable to bo im- prisoned by the sentence of the Court of Queen's Bench, and sent to Nevvgate amongst common malefactors ; and, more than that, there would be some discredit thrown upon a Jour nal, which I think I am justified in saying, however warm and zealous it may be in party politics and in discussing topics of public importance, has ever abstained from tittle-tattle, and has ever made it a rule to respect the sanctity of private life. Gentlemen, to Sir John Conroy, if you acquit my client upon the ground that I suggest, no evil consequences will follow. I call for your verdict on this ground, that the pub lication does not impute to him, as he supposes, that he was guilty of peculation and fraud. I say that he is under an entire misconception when that .s the construction he puts upon this article ; and if you should. be pleased, in the exercise of your right, so find a verdict of not guilty, he will go from this Court vvith his character alto eether untarnished, and he will be precisely in the same situation in which he was before he instituted this prosecution. What I say, Gentlemen, is, that ho is mistaken, that the pub lication is not the libel that he supposes—that he is under an entire misapprehension when he imagines that it brings such a charge against him; and your verdict, which will acquit my respectable clients, will at the same time, acquit Sir John Conroy of being supposed to have had any such accusation preferred against him. Gentlemen, the ease is now in your hands. You are aware that by an Act of Parliament, which is the law in this case, Mr. Fox's Act, which did so much to establish the liberty of the press, which refers the question of libel or no entirely to the jury, which is quite contrary to the spirit in which my Learned Friend, Mr. Thesiger made his address to you, which reininds me of what the lawyers contended in the case of the Dean of St. Acaph, where they contended, arid contended successfully for a time, that the Jury had nothing to do with the question of libel or no libel— that all they had to consider was, did the de fondant publish the article complained of, and were the inuendos proved, that is to say,does it apply to the prosecutor, and the ques tion of libel or no libel was exclusively for the Court to consider; inasmuch that in that very case, Mr. Justice Buller who tried it said, he would give no opinion as to whether it was a libel or not—that tiddler he nor the Jury had any concern in any such question. Gentlemen, by the happy exertions of Mr. Erskine, the greatest ornament ever known to the English bar, seconded by Mr. Fox, that Statesman whose memory will . be held in perpetual reverence, who will always be considered with gratitude by the English nation—that law was altered, and it is not as my Learned Friend would say, a question for the Judges of t the Court—it is now, happily a question for the Jury alone. Then, Gentlemen, it lays upon the prosecution to persuade the Jury, and each and every one of the Jury, that the publication is criminatory and defamatory, and that it bears the construction pus upon it by the information or indictment. I say that this publication bears no such construction—that the construction has been put upon it by mere misapprehension, and, there fore, that my client is entitled to your verdict. Gentlemen, I thank you for the attention with which you have honoured me. I have discharged my duty to the best of my ability. I look with anxiety to the verdict that you will pronounce. I hope that it will be a ver dict of acquittal in favour of my client, and I hope for the future that when application is made to the Court of Queen's Bench for a criminal information on the ground of character, that the prosecutor will present himself as a witness before the Jury—that he will not remain in the purlieus of the Court—that he will not shrink from the ordeal to which he wishes his case to be submitted. Lord DENMAN—Gentlernea of the Jury--This is a criminal information, preferred at the instance of Sir John Conroy, complaining of the printer of the Times for a libel on that gentleman, and charging him, as he alleges, with a fraudulent misapplication of money belonging to the Duchess of Kent. It is introduced by an introductory averment, that at the time of publishing the libel Sir John Conroy was attached to the Household of her Royal Highness. and that long before the publication of the libel he had purchased the estate, and paid for it. These facts are proved, and also the publication and pro prietorship in the usual manner ; and the only question is, as to the construction to be put upon this article—whether you think it carries against S:r John C onro y th at i mputat i on w hi c h he himself attributes to it, and which is made the foundation of the complaint lie brings before you. Now there have been several general observations made which make it not unfit for me to state in what form it comes before you, and then it will he entirely for you to put your construction upon the article. There are various ways in which a party may complain of a libel. In one way the libeller may justify and obtain a ver dict by admitting the defamatory libel and proving it to be true; but in a criminal proceeding, the only question sub mitted to the Jury is, whether or not the publication is a libel, and whether it bears the defamatory character, of which the prosecutor complains. That may be done by indictment, on which the truth is altogether laid aside by the prosecutor, and the only question is as to the libellous tendency of the article; or it may be by criminal information, which undergoes some previous discussion in the Queen's Bench. That Court is in the habit of granting a criminal information, but only on condition that the prosecutor convinces the Court that the allegation against him is false; and the party who ap pears to show cause against the rule, has the full op portunity of establishing, not only the fact that the allegation is true, but the fact that he had good reason to bebeve it to be true ; because, if there is a bona fide belief on the p.irt o; the party so publishing, founded upon fair information, I think I may ventxre to say that the Court, whatever they thought of the libel itself, would not make the rule for a criminal informa tion absolute, supposing they believed the matter altogether bona fide and fairly published. That, therefore, gets rid of the question, whether or not the truth is in any way to come into consideration ; because that being the preliminary con dition upon which alone the criminal information is granted, it is supposed the party gains the necessary information by being put to his own oath, and to that extent only it is that cha racter is vindicated by this mode of proceeding; because, if it were only to punish the individual who is guilty of the attempt to break the peace, they would leave, the question of character altogether out of the question, and the party only puts himself in a situation of having that question tried by having come in the first instance before the Court with allegations as to the truth or falsehood of the statement, which the Court has found satisfactory. Therefore the only question iP, whether or not you think this publication a libellous and defamatory publication. A geed deal has been said with regard to Sir John Conroy's being present on this occasion, and being called as a wit ness. But when it is once clearly understood by the Jury that the truth is not in issue upon this occasion, that it would be quite an idle parade to offer a person to be cross-examined upon facts which ought not to have the least effect upon your verdict when those facts are proved—in point of fact, if Sir John Conroy had been in the witness-box, and questioned as to every poi tion of the charge made against him in a public newspaper, whatever opinion you might have formed of the truth of this charge, it is admitted that your verdict must have been the same, provided you thought the defendant guilty of a libel. Why, then, that being the case, I cannot discover that there would have been any use in calling Sir John Conroy. Gentlemen, you have heard of two other cases, which are particularly in my memory ; on© a proceeding against a Sunday paper, with regard to a young gentleman just entering life, who was reflected on in a gross paragraph in that Paper. I was the counsel who had to de fend that Newspaper, and the course taken in the defence was, that it was not to be supposed there was the smallest im putation cast on the gentleman—that it was some unfor tunate expression which got into the newspapers, and that there was not the least wish to impute anything to him. He also obtained a criminal information, but it was not for the counsel for the defendant to object to his appearing on the box, and clearing himself in the most satisfactory manner ; and a person labouring under such an imputation would be anxious to come forward, and subject himself to a cross-examination that might have served the purpose of the person who attacked him. He did present himself, and I remember the uni versal feeling that nothing of imputation in the slightest degree rested upon that character, of which no vin dication can ever be superabundant with regard to the nature of the charge. The other case was that of the Duke of Cumberland. I well remember that his Royal Highness attended on that occasion, and Sir Charles - Wetherell stated that he should call him as a witness ; and I well remember that he was told not to inquire into the truth of the fact, as it appeared to be a mock issue put before the Jury, and the party could not be indicted for perjury, if he stated an untruth with regard to the fact. The law which was sanctioned by the judges in these cases has been, that a mere complaint brought before a Jury by the means of criminal informa tion, does not, in this stage of the proceedings, bring into question the truth of it at all. The question is really, and simply, and solely this, whether you are of opinion that this matter is defamatory, and in the way in which Sir John Conroy complained of it? the money of the Duchess of Kent to pay for that estate? If it does not impute that then the defendant is entitled to your verdict. If it does impute it, then, I don't think I need tell you that it is an imputation of the grossest nature. You have heard, gentlemen, the observations made by the Attorney-General, that this is a new paragraph ; but it follows observations written by no means certainly in a friendly tone; and the question is asked "if any public in quiry should take place, whence the money for the payment came, who so competent to answer the question as the Hon. Baronet ?" I can hardly see how it should become matter of inquiry, unless there was some malversation on the part of Sir John Conroy. When you speak of th e p urc h ase of an estate by a person having followed his b e i ng entruste d w i t h a large sum of money belonging to another, what does that mean? Let any one put the case of a statementZof expenses, having become the treasurer or trustee of a charity estate, and it should be said here is a large deficiency—here is a debt of 80,000/. incurred under your mismanagement, and if any parochial inquiry, or any enquiry among the subscri• bers should take place where the money came from by which that person paid for the estate he lately bought, who so competent to answer it—should you, or should you not suppose that that imputed to the Trustees or the Trea surer a misappropriation of the funds entrusted to him ? It seems to me that it admits of that kind of construction. Gentlemen, you have heard all the observations that have been submitted to you. The only observation that I have to conclude with and repeat —and I repeat it as strongly as it is possible to do so—is this, that Juries, in cases of this description, arc the sole judges, and on whose judgment alone must depend in every instance the question, aye or no, —whether the party is guilty of the libel with which the prosecutor charges him. If you think so you will return a verdict of Guilty ; if, on the otl er hand, you think not, yuur verdict will be, Not Guilty. Tho Jury immediately returned a verdict of Guilty. There cannot be much doublon the nature of the publica tion. If this really does mean to impute that he had misap propriated the money of the Duchess of Kent in applying it to the purchase of art estate of his own, cvery man of commo n sense must agree t h at th a tis a gross i m p u t at i on on t h e honesty, honour, and inte grity of Sir John Conroy. Tho question is, whether that is the meaning o f th ese wor d s. T h i s art i c l e, a f ter stating a great deal about an attempt to become Ambassador to Sweden, and throwing out some i mputat i on a b out want o f respectful conduct towards hi s l ate M a j esty (which !presume i s ironically put forward), proceeds thus to speak about the money matters of the Duchess, " and the happy state in which the pecuniary concerns of the illustrious lady whom he served were found under his management. The amount of this latter obligation of the nation to him, it is perhaps hardly possible to compute ; it may be thought to be in hard cash somewhere about 80,000/. ; and the large annuity of 30,0001. was granted with an understanding that a gradual liquidation of the 80,0001. should silently take place. Happy be the end of the affair ! we say ; but a matter which has come to our knowledge may throw some doubt on its success." The next sentence is about the desire to become Ambassador to Sweden ; and then it goes on thus--" Should he quit his present position, we ask where are talents to be found capable of applying a due por tion of the 30,000/. to the liquidation of the 80,0001., and who can so well understand wiping off as he who has chalked on ?" I think I understand the Learned Counsel for the prosecution to say he hardly makes any complaint about the supposed mismanagement of the money. It might be said the money was not frugally and prudently expended on behalf of the Duchess of Kent; but that is not really the complaint he wishes to bring before the jury. The complaint really and substan tially is this, that he is charged with having misappropriated a part of the money entrusted to him, by putting it to his own use. Then comes another paragraph, and you arc to say whether this bear the construction they put upon it :--" There is another matter also worth notice. There is a certain estate in Wales, purchased and paid for not long ago. If any public inquiry should take place whence the money for the pay ment carne, who so competent to answer the question as the Baronet ?" Does that mean that he has taken THE SUN, LONDON, WEDNESDAY, DECEMBER 19, 1838. CRIMINAL COURT.-(THIS DAY OLD COURT. William WiMinsim was indicted for forging the name of James Price, in order to obtain the sum of 141. 10s. 9d., being wages due to Price for serving on board the Atalanta East Indiaman. Mr. Clarkson, Mr. Gurney, and Mr. Doane were for the prosecution, and Mr. Phillips defended the prisoner. Mr. Dander, a clerk in the Treasury department of the India House, stated that the sum due to Price had been paid in November, 1837, to a person who had tho proper certifi cate for receiving the money. The person signed a receipt for it. James Price deposed that on arriving at the docks at Liver pool he missed the certificate. He afterwards went to New South Wales, and only arrived in London about two months since. He then went to the India House, and found that the prisoner had signed his name in the book now produced, and received the money. He afterwards met the prisoner, and gave him in custody. From the depositions which were read, it appeared that Price had raid at the Police-office that he missed the certi ficate several days before arriving at Liverpool. Witness's examination resumed-_I did not say this morn ing to Mrs. Murphy that I would rather than 201. I had not commenced these proceedings, for I had the certificate in Liverpool. The constable who apprehended the prisoner stated that nice said, when he gave Wilkinson into custody, " I gave him the papers in Liverpool, in presence of the landlady." A clerk from Lambeth-street Police-office produced deposi tions taken whe❑ the prisoner was first examined. In the cross-examination it appeared that the prisoner had not been furnished with the whole of the depositions then taken. Mr. PIIILLIPS addressed the Jury for the prisoner, and said that he would prove that the person Price gave the prisoner authority to sign the receipt and take the money. Susan Murphy deposed that Price lodged in her house, in Liverpool, and the prisoner visited him at that time. Witness went to a draper's shop with Price to get some clothes, and saw him offer a paper to the shopman, saying that it en titled him to money from the India House, and he wished an advance upon it. This was refused, and Price gave the papers to the prisoner, and desired him to get the money. Mr. GURNEY said that he would not now press the case further. Verdict—Not guilty. NEW COURT. The Court was occupied the whole of the morning in trying cases connected with the Royal Mint. Mary Harrington and Mary Ann Leonard, respectable young women, were indicted for uttering and putting of a coun terfeit shilling on t h e 3d o f D ecem b er, and Leonar was fur ther charged with having on the same day four shillings in her possession with intent to utter them. Mr. ants, one of her Majesty's Counsel, called witnesses to prove the uttering and possession, and Mr. Field, the Mint Inspector, declared all the pieces produced to be counterfeit, and all cast in the smile mould. The Jury acquitted Leonard, as she was not present at the time Harrington uttered the money, the latter was found guilty. The prisoner Leonard was then indicted for possessing four counterfeit shillings with intent to utter them. It appeared tha - t this prisoner v , as seen in company with the other before and after the uttering, and that when she was apprehended she dropped the base coin in question on her way to the station-house. The articles which had been purchased by the other prisoner were found in her pocket. The prisoner's defence was that, instead of dropping the money, she saw something on the ground in a paper, and she stooped down to pick it up. Verdict—Guilty. The RECORDER told the prisoner that she was liable to three years' imprisonment, but the Court took into consideration that she had been some time in prison. The sentence was that she and the prisoner Harrington be confined for nine months. LLOYD'S SHIPPING.--(THIS DAY. DEAL, DEC. 18.—Wind S. E. by E., moderate breezes 2nd hazy weather.—Came down from the River and proceeded, the Brilliant, Gilchison, for Sidney ; Despatch, Brennan, South Seas. At about SP. M., :ig after the day closed, guns were heard in a direction from the Goodwin Sands ; several boats were immediately launched, and proceeded to give assistance in case of need. PORTSMOUTH, DEC. 18.—Wind E. to E. N. E., fine.—Ar. rived Eclipse (steamer), Russel, from London; Race, Crispin, Liverpool. Sailed the Hope, Binidy, for London; Eclipse (steamer), Russel, Dartmouth. Pass e d b y , A m i ty Hall, Ford, from London , for Jamaica. PLYMOUTH, DEC. 17.—Wind E N. E.—Arrived the Hazard, Mecher, from Nantes ; Georgians Scott. Berbice ; Sirius, Cork; Limerick, London. Sailed the Pioneer, Cort, from St. Ives, for the Mediterranean. FALMOUTH, DEC. 17 .—Wind S. E. to S. S.E., mo d erate breezes.—Arrived the Thomas Potts, from Sli go; E mulous, Bell Packet, Pugwa hLi and Hercules steamer, L on d on . Sailed the Spey Lieut. James, for Havannah, Belize, and Mexico, w i t h mails; Syra Packet, Lieut. Forrester, West Indies, with mails ; and Iberia steamer , Cooper, Vigo, Oporto, Cadiz, &e., with mails. LIVERPOOL, DEC. 18. —Wind S. S. E., moderate breezes, with hazy weather.—Arrived the Hordinarxe, from Porto Ca bello ; America, Baltic ; Shannon. St. John's ; Henry Pottis, and Marion, Quebec; Speedy, Gijon; Tom Tough, Cha rente ; Stewart, Hamilton, Nantes ; and Pauline, Peine, Ostend. Off port the Thetis, from St. New Brun - wick. Sailed the Minerva , fur Mobile ; Britannia, C or f u , ; Orion, Abs en i us , Ilenriett, A n t werp; , on ß , or C de an au to x n ; &e ; Elizabeth Moore, Muffatt, New South W a l es ; N a i r, Bess, Martin, St. Michael's; Perseverance, Mow ar t, Ostend; and Emma, Noel , Marseilles. Barcelona;Co.nst ant i oIA e; Bonanza, John e r H o ogrgt RAMSGATE, DEC. 18.—Arrived Vrow H enr i ette, Klie, Koth. GUERNSEY, DEC. 16.—Arrived the Solid, from Cullenburg. JERSEY, DEC. 16.—Arrived the Liebe, Lo Boullier, from Rio Janeiro; Bellona, Gallot, ditto. GLOUCESTER, DEC. 1 8.—Arrived the Dryade, Hardy, from Molaix ; Enemyaller, Babcock, Quebec. DEC. 18. —Wind S.W.—Arrived the William, 7rom Dunkirk. -DUBLIN, DEC. 16.—Arrived the Shannon (steamer). KINGSTOWN, DEC. U.—Arrived the British Lady, George, F . rom Prince Edward's Island. CORICi DEC. 16.—Arrived the Lady Mary, from Riche bucto. Sailed the Penelope, Honsbreed, for Reirrisoni ; Natin, Squires, Fay.sl; Qaeen Victoria, from Miramichi to Liverpool, lat. 5 lon. 49, by the Elizabeth Bentley, Robinson, arrived at Cork. LIVERPOOL, DEC. 18.—The Evergreen. from St. John's, New Brunswick, which was on shore near New Brighton, was got off last night, and into dock. CHRISTIANSAN D , DEC 18. A cask of tallow, marked " P 27 P," has been picked up at sea and landed here. ORKNEY, DEC. 3 —A large vessel (supposed to be a barque, ar.d timber laden), with apparently nothing on deck, foremast and bowsprit standing, was seen drifting past the cast end of this island into the North Sea, on the Ist instant, blowing hard at the time from the S. S. E. TRIBUTE OP RESPECT.—Mr.Thomas Goodfellow, late of the General Post-office, who, it will perhaps be re membered, fearlessly and successfully grappled certain official corruptions, has been presented with a handsome gold watch and appendages. The watch bears the following inscrip tion, which is beautifully engraved ;--" Presented to Mr. Thomas Goodfellow, on his leaving the General Post-office, as a mark of their high esteem, by his brother officers." Mr. Goodfellow well merited this tribute of respect. THE ROAIANCIST AND NOVELIST LIBRARY is now published in a Monthly Part, and contains Ten Complete Romances. Never was anything so cheap, and we anticipat e that the owners of circulating libraries and of old editions of Novels will petition Parliament against this cheap invader of their privileges. It does not cost as much to buy these ten romances, only 1 0d., as would be charged by a circulating library for readinc , them. Either those useful establishments must come down in their terms, or they will be wholly forsaken ; for people will purchase this cheap edition of the Novels, and not hire them. Already the proprietors say it circulates to the extent of nearly 'O,OOO copies per week. The selection is as tasteful as the production is cheap. Yesterday afternoon a young man named Wm. Moore, a labourer employed at Hoare's Wharf, Wapping, drank so large a quantity of viliskey from a tub on the wharf as to render him quite insensible. He was removed to his house in Blue Anchor-yard, Whitechapel, and a surgeon sent tor, who rendered every possible assistance, but without success, as the man expired iu a very short time. COURT CIRCULAR. WINDSOR, TUESDAY.—This morning, at half-past ten o'clock, her Majesty left inlher travelling c arr i age an d f our for Brighton. The Qu een was accompanied by her Royal Highness the Duchess of Kent and the Marchioness of Tavistock, and proceeded under an escort of the Royal Horse Guards (Blue), commanded by Lieutenant Beau champ Proctor. Three carriages and four followed, in which were the Baroness Lehzen, the Hoe. the Misses Pitt and Murray, Viscount Torrington, Colonel Buckley, the Hon. Major Keppcl, Lady Mary Stopford, and Mr. and the Hon. Mrs. Brand. Viscount Melbourne and the Hon. G. Byng left for town The Duke of Cambridge, attended by Captain Stephens . left town yesterday morning, on a visit to the Earl of Lich, field, at his seat, Rauton Abbey, Staffordshire. The Earl of Durham had a long audience with the Mar.- quis Wellesley at Kingston House yesterday, at noon. Viscount Melbourne arrived in town yesterday, from a. visit to her Majesty at Windsor Castle. The Right Hon. G. S. Byng left Windsor Castle yes terday morning, soon after the departure of the Queen, for • town. Mr. C. Macneill, Mr. Wake, Mr. le Trobe, and Mr. E. Ellice, M.P., had interviews with Lord Glenelg yesterday at the Colonial Office. Mr. Brownrigg and Mr. Hart Davis had an interview with Lord Glenclg yesterday at the Colonial Office. A deputation, consisting of R. L. Jones, Esq., Chair man ; Mr. Alderman Pirie, Mr. Alderman Lainson, Mr. R. Taylor, Mr. Hall, Mr. G. Rennie, and the City Re membrancer, had an interview with Viscount Melbourne yesterday in Downing -street, on the subject of the Royal fAchange. Despatches from Sir George Arthur, Lieutenant-Go vernor of Upper Canada, were received yesterday at the Colonial Office. At the sitting of the Judicial Committee yesterday, an appeal from Antigua, " Shand v. Boyd," was ordered to stand over. An appeal from a decree of the late Judge of the Admiralty Court, in the matter of the Prince of Saxe Coburg. • " Manoel Joaquim Soares v. George Rahn and John Ladd," was afterwards heard. Sir William Follett and Dr. Addams for the appellant, and the Queen's Advo cate and Dr. Harding for the respondents. Judgment was deferred. The Lords present were—Lord Brougham., Mr. Baron Parke, the Judge of the High Court of Admi ralty, and the Chief judge in Bankruptcy. BRIGHTON. ARRIVAL OF THE QUEEN. BRIGHTON, TUESDAY, DEC. 18.—Long before the hour appointed fOr the arrival of her Majesty (four o'clock) the north part of the town was rendered almost impassable by the numerous pedestrians and carriages. Precisely at twenty minutes past four o'clock the buzz which ran through the crowd and the cheers which followed announced the approach of her Majesty, who arrived under an escort of the 12th Lancers, which had gone eight or ten miles up the road to meet her Majesty. The local authorities, with the High Constable at their head, assembled at the northern gate of the Palace grounds, to welcome her Majesty back to Brighton. The Royal arrival was announced by the firing of guns, the ringing of bells, and other demonstration s of loya:ty. Four companies of the Scots Fusilier Guards marched into Brighton this morning, under the command of Colonel Borkeley Drummond, and relieved the 12th Lancers on Palace duty. The Duchess of Cannizzaro has taken Cecil House for a month. FASHIONABLE INTELLIGENCE ARRIVALS. Captain G. Crawford, at the Cavendish Hotel, Jermyn street, from the Continent; Mr. and Mrs. Wilson, at ditto, from Brighton; H. C. Webber, Esq., at ditto, from Exeter; Lord Strafford, in Portman -square, from his seat, in Herts; Viscount Acheson, M. P.,:in Dover-street, from Harlingliam Hall, Suffolk ; Sir Charles Begot, in Eaton-square, from a visit to Lord and Lady Maryborough, at Deal Castle, Kent ; the Hon. Arthur Upton, in Berkeley -square, from a visit to the Hon. Colonel Howard, at his seat, near Miinthorpe, Westmoreland ; Sir Charles Grey, in Bond -street, from Lin colnshire; Mr. R. W. -Gansen, at Mivart's Hotel, Brook street, from his seat, Broxburnbury, Herts; the Hon. Mrs. Law, in Mortimer -street, from Brighton; Mr. and Mts. Duff Dingwall, at Fenton's Hotel, St. James's -street, from Brucklow, N.B. ' • Mr. and M rs . C. J . Trueman, at ditto, from Tunbrid ge Wells ; Lord H. Vane, at ditto, from the Continent; L. Rogers, Esq., at ditto, from America ; Lieut. A. Cathcart, at ditto, fro'n Leamington ; M. C. Paterson, Esq., at ditto, from New Y,,rk, U: S. DEPARTURES. Sir Hereufes R. Pakenham and family, from the Caven dish Hotel, Jermyn-street, for 11;s se ,t, Langford Lodge, Ire land; Joseph Bailey, Esq., M. P., from ditto, for Sudbury; Mr. and Mrs. Brooks, from ditto, for Cheltenham ; Count Woronzow, from Piccadilly, for Wilton House, near Salisbury, on a visit to the Dowager Countess of Pembroke; Lord Al ford, from Belgrave-square, for the family scat, Belton House, Lincolnshire; the Earl and Countess of Belfast, from 13e1- grave-square, for the Auberics, Sudbury. on a visit to Colonel and Lady Laura Meyrick ; Lord A. Fitzclarence, from St. James's Palace, on a tour of visits; Lord and Lady Ashley, from Grosvenor-street, for Brighton. CHANGES. Lieut.-General Blachford, from Brighton, to Ham, Surrey; the Marquis and Marchioness of Downshire and Lady Char. lotte Hill, at their seat, Easthamstcad Park, 13erks, from a visit to Lord Sandys, at Ombersley Court, Worcestershire ; Sir Francis Holyoake Goodricke, M.P., at Studley Castle, Staffordshire, from Chillington ; Sir Thos. Reade, Bart., and Lady Reade, en route to Paris, from their scat Corgleton, Lan cashire ; Lord Forester, at Grimsthorpe, on a skit to Lord and Lady Willoughby D'Ereshy, from Melton Mowbray ; the Earl of Chesterfield, on a tour of visits, from his hunting residence, Abbingdon Abbey, Northamptonshire ; Mr. Van Buren, at Crawfordsburn, near Belfast, from a visit to the Earl of Gos tord, at Gosford Castle, Armagh, Ireland; Lord Cantilupe, on a visit to Colonel and Lady Laura alley rick, at their seat, near Sudbury, Suffolk, from a visit to the Marquis and Mar chioness of Salisbury, at Hatfield House, llerts ; Viscous: t arid Viscountess Canning, at Athens, from a cruise in the Me diterranean in his Lordship's yacht; the Earl of Abingdon, at Wytham Abbey, from Thane, Henley-upon-Thames; Mr. Arthur and Lady Caroline Capel, on a visit to the Duke of St. Albacs, at Redbourne Hall, Lincolnshire, from a visiting tour; Earl of Charkmont end the Hon. Mrs:Caulfield, at Ma rino, near Dublin, from a visit to Captain and Mrs. Drum. mond, at the Phce:iix Park ; the Bishop of Killaloe and Mrs. Sandes, at Dublin, from the Palace, at Killaloe; the Hon. Captain and Mrs. Spencer, at Burleigh House, the seat of the Marquis of Exeter, from Cowdray Park, in Sussex; the Earl of Albemarle, at the Stud House, from Windsor Castle ; Lord Erroll, at Brighton, from Richmond Park; Colonel Drummond, Sects Fusilier Guards, at Brighton, from Wind sor Barracks; the Hon. Charles Compton and Lady Cathe rine Cavendish, from a visit to the Duke and Duchess of Ha milton, at Hamilton Palace, Lanark, for their seat, Latimers, Bucks; the Hon. Under. Secretary J. W. Fox Manic, at Perth, from a visit to his constituents at the Elgin burghs; the Earl and Countess of Antrim, on a visit to the Earl of Macclesfield, at Sherborne Castle, from the seat of the Hon. Colonel Parker, Ensham Hall. The Earl of Lismore and family arrived yesterday at Farrance's Hotel, from Shambally Castle, en route to to Paris. The Marquis Conyngham left London last week for Ireland. His Royal Highness the Duke of Lucca entertained the Prince and Princesl'of Capua and a select party at din ner, on Sunday evening, at Mivart's Hotel. Mr. and Mrs. Wilbraham Egerton will have a party at Christmas, at Talton Park, Knutsford, in Cheshire. Sir Thomas Acland, his lady, and family are at pre sent at Killerton ; they are expected to return to Holnicote, to remain during Christmas. Count d'Orsay left town on Tuesday for Wy combe Abbey, the seat of Lord Carrington, to join a dis tinguished party at present sojourning there. The Earl and Countess of Clarendon have left town for Deal Castle, on a visit to Lord and Lady Maryborough, who intend to receive a numerous and distinguished party during this and the ensuing week. The Earl Spencer will leave Spencer House to morrow for Althorp Park. The Earl of Clare has arrived in town from Mount Shannon, Limerick. The Noble Earl leaves town on Mon day next for Belvoir Castle. The Earl of Uxbridge returned to Beau Desert, in Staffordshire, on Monday last. Lord Fitzroy Somerset left Stanhope -street, May fair, yesterday morning, on a visit to the Duke of Welling ton, at Strathfieldsaye. The Earl and Countess of Winchilsea, with that kind consideration for the wants of the poor for which they are so distinguished, have forwarded to the Rev .J. A. Ro.s, Curate of Westwell, a most lib eral donation for the supply of coinforts to the sick poor of this parish during the winter.—Ken tish Gazette. The Earl of Durham had a long audience with the Marquis Wellesley, at Kingston House, yesterday at noon. His Excellency the Russian Ambassador and the Count and Countess Charles Pozzo di Borgo will not visit Brighton this year. The banquets of his Excellency will be resumed the latter end of the ensuing month. His Excellency General Count Woronzow and his son, Count Simon Woronzow and suite, left the Green Park Hotel yesterday, to proceed by railway to Wilton House, Wilts, on a visit to the Countess of Pembroke, where a select circle will be assembled during the Christmas holidays. His Excellency visited the Earl of Durham, in Cleveland-rosy, previous to his departure, having been inti mate with the Noble Earl while he filled the post of Am bassador at St. Petersburg. OPENING OF THE FRENCH CHAMBERS. (From Galignani's Messenger.) MONDAY, Two o'CLocrc. OPENING OF THE SESSION OF THE CHAMBERS FOR 1839, BY HIS MAJESTY. The doors of the Palais Bourbon were opened at ten o'clock, and very shortly after that hour every scat in the: public galleries was occupied. The front benches were, as usual, reserved for the fair portion of the auditory, who, in the lower tribunes especially, formed a decided majority, and whose toilets were in perfect keeping with the sombre and chilly aspect of a dark and raw December morning. The usual military arrangements had been made to guard all the approaches to the Chamber, and to preserve order in the immediate neighbourhood, a strong force hav ing assembled to form the line of the procession from the Tuileries. The interior arrangements and decorations of the Chamber were precisely the same as last year, the President's chair, the Parliamentary tribune, &c. having been removed, in order to make way for the Royal fau teuil and the tabourets for the Princes, which were ofcrim son velvet, and raised on an elevated estrade, approached by carpetted steps, on which were benches of crim son velvet for the accommodation of the Council of State, General Officers of the Staff, Members of the Institute, &c. Behind his Majesty's fauteuil and the Princes' seats was disposed a canopy of red velvet, in front of which rose a canopy of the same material, enriched at the top with a crown, the whole surmounted by a circular stand of tricoloured flags. The walls on each side of the canopy were hung with green velvet, with deep gilt border and handsome gold ornaments in the form of festoons and wreaths. Up to a quarter past twelve the benches of the Deputies were literally empty, the perfect solitude of this part of the Chamber king relieved at intervals solely by the momen tary appearance of some two- or three huissiers—" Rani nantes in gurgite vasto." At about twelve a few Deputies began to assemble, and shortly afterwards some of the Members of the Council of State entered the Chamber. Messrs. Vivien, Persil, Larabit, Gamier Pages, Odillon Barrot, Thiers, Duvergier de Hauranne, Berryer, and Cor menin, were amongst the Members whom we noticed as earliest in their attendance. At about half-past twelve the Chamber assumed a more animated aspect. At that hour several Peers had taken their seats on the benches to the right of the Royal es trade, and the Members of the centre formed a compact and conspicuous mass. The seats in front of the estrade were by this time completely occupied by general and other military officers, members of the Council of State, and of the Institute. Precisely at one o'clock the signal -gun was fired as usual from the Hotel des Invalides, to announce the King's departure from the Palace of the Tuileries ; the drums and bands of the troops beat their customary salute, and the military force forming the line of the procession cheered loudly as the cortege passed. At ten minutes past one the Queen entered, and at that moment the entire of the auditory in the public galleries, as well as in the body of the Chamber, rose simultaneously, and received her Majesty in respectful silence. In ten minutes afterwards all the members of the Cabinet entered, in full official costume, preceded by the President of the Council, Count Mole, and took their seats on the two benches, one on each side of the Royal estrade. After a short interval the King was then loudly announced by an usher of the Chamber, and in a few minutes his Mejesty en tered, preceded by the usual cortege of General Officers, Peers of France, &c., and enthusiastically cheered by the audience with shouts of " Vice le Roi." His Majesty was accompanied by the Duke of Orleans and the Duke d'Aumale, who took their seats, the former on the right, and the latter on the left, of the King, who was dressed in a General's uniform, and who, we rejoice to say, appeared in remarkably good health. His Majesty, after bowing several times to the Chamber, covered him self, and having taken his seat between the two Princes, read the Speech in a firm tone. After the reading of the Speech, some passages of which elicited shouts of " Vive le Roil" most courteously ac knowledged by his Majesty, the Minister of Justice (M. Barthe) administered the oath to some of the Peers nomi nated since the close of the last Session. A similar cere mony was also performed by Count Montalivet, the Minis ter of the Interior, to some of the Members of the Lower Chamber elected or re-elected during the same pe riod. The Mihister of Justice having then in the usual form announced that the Sesssion of 1839 was duly opened, the King and the Princes bowed, and re tired as they had entered, by the door on the left of the es trade, followed by the Royal cortege. The Queen at the same time quitted the tribune on which she bad been seated, the auditory greeting their Majesties with repeated shouts of " Viva Ie Roi ! Viva la Reine !" The whole of the cere mony terminated by half-past one, at which hour the Royal carriages returned to the Palace in the customary order. The utmost tranquillity prevailed, both on their Majesties' arrival and departur e , not only in th e i mme di ate neigh bourhood o f t h e Chamber, but also along the whole line by which the cortege passed. THE SPEECH . . " Gentlemen of the Chamber of Peers, and Gentle men of the Chamber of Deputies, " Since your last session the prosperity of France has progressively increased ; and the public tranquillity has not cnly continued, but become more confirmed. "It is satisnetory to me in the highest deg ree, on find ing myself once more amongst you, to find my duty limited to a claim for your concurrence in improving still farther a state of affairs already so favourable. " My relations with Foreign Powers are of a gratifying description. France still holds her proper station in the esteem of her allies and of the world at large. " The Conferences on the affairs of Belgium and Hol land have been resumed at London, and I entertain no doubt that they will lead to a speedy and peaceable result, that shall give a new guarantee to the independence of Bel gium and to the tranquillity of Europe. In Italy, the Austrian troops have quitted the Roman States ; and, conformably with the Convention entered into with the Holy See, our forces have evacuated Ancona. Military occupation has ceased in those States, the inde pendence of which cannot but deeply interest France. " Spain is still a prey to the same distractions and the same misfortunes that have so long afflicted the country. We continue to fulfil, in common with our allies, all the clauses of the Quadruple Treaty. The Government of the Queen Regent has constantly received from us, not only the as sistance to which we were bound by treaty, but all the support which the interests of France permitted us to give. " I trust that our differences with Mexico and the Ar gentine Republic are approaching their termination. Fresh naval forces have lately left our ports, and are at this mo ment before Vera Cruz. They will obtain from the Mexi can Government that justice and protection which our commerce has so long required. " In Africa, my Lords and Gentlemen, our perseverance in sacrifices has met with its reward. The statements that will be laid before you will prove that your confidence in my Government has not been betrayed. Peace has not been interrupted this year; our position is daily consoli dating and improving. In the provinces of Constantina and Algiers, operations conducted with ability and prudence have given to our establishments the extension of territory which their security and prosperity required. Everywhere the nations respect the authority of France, and obey with out hesitation a regular and equitable Administration. The creation of the Bishopric of Algiers is another gua rantee for the stability of our possession. " The state of our finances is more and more prosperous. The progressive and constant increase of the public reve nue proves the happy development of the national wealth, and the welfare which all classes of the people enjoy. Some interests, it is true, are suffering., and claim all the attention of my Government ; on the very opening of your labours measures will be submitted to you, relative to the situation of our colonies, and the wants of our navigation. " You will likewise have to bestow your attention upon various Bills tending to carry into effect the provisions of the Charter, to render more perfect the general legislation, and introduce improvements into divers branches of the public administration. " Gentlemen—My heart still labours under the emotion caused by the testimonies of affection which I received from all France when an event took place which has fulfilled all my wishes. The birth of the Count de Paris was the great est consolation that Heaven could vouchsafe me. " My grandson shall be brought up, as his father has been, in that respect for our institutions, and that devoted ness to France, of which my whole family will never cease to set him the example. It has been my wish that a so lemn circumstance should assemble you round his cradle, and that religion should bless amidst you that child which wholly belongs to the country. " Gentlemen, the flourishing condition of our country, whereupon I have just congratulated myself with you, is due to the co-operation which the Chambers have so con stantly afforded me for eight years past, and to the perfect harmony existing between the Great Powers of the State. Let us not forget that there lies our strength. May that harmony daily become more complete and unalterable ; may the working of our institutions, at the same time free and regular, prove to the world that a constitutional monarchy can unite to the blessings of liberty the stability which is the strength of States !" The Archbishop of Canterbury las appointed the Rev. John Peel, brother to Sir Robert Peel, to be the Dean of Canterbury for the ensuing year. The Bishop o f L on d on h as s i gnified his intention of holding a g enera l or di nat i on on Sunday morning next, the 23d inst., a t St. J ames ' s Church, Pice adilyfter the usual morning p ra y ers o f t h e church. , after